COUNTY OF SEVIER
CITY OF RICHFIELD

At the Planning Commission

In and For Said City 

November 1, 2017


Minutes of the Richfield City Planning Commission meeting held on Wednesday, November 1, 2017, at 6:00 p.m., Chairman Brion Terry, presiding.

  1. Roll Call.
  2. Minutes Approval: Consider approving minutes of October 4, 2017, and October 18, 2017.
  3. Public Hearing:
    Receive comments regarding a proposed amendment to the Richfield City Land Use Management Code. It is proposed that language be inserted which would allow Bed & Breakfast/VRBO-type businesses to be located in some residential zones, including the R1-10 zone. Items to be discussed include, but are not limited to, parking, signs, noise, number of guests.
  4. Home Occupation/Conditional Use Permit:
    A. Mellissa L. Healey to request a Conditional Use Permit for a major home
    occupation permit allowing her to conduct a business called Purdy-Dirty-
    Cleaning at 397 West 500 South (R1-8 zone, C-1 use).
    B. Consider approving a Conditional Use Permit allowing Brandon Jensen to
    conduct a business called Jensen Carriage Company. (C-1 use)
  5. Plan Reviews:
    A. Review plans and consider giving final approval for the construction of
    Steve’s Steakhouse to be located at approximately 1200 South College
    Avenue (CG zone, P-2 use).
    B. David Owens to request permission to temporarily operate New Life
    Recovery, an adult drug and alcohol rehabilitation, at the Knight’s Inn at 89
    South Main Street (D zone).
  6. Other Business:
    A. Discuss requirements for Bed & Breakfast and VRBO-type businesses to
    be located in residential zones. Draft proposed language and changes to
    the Zoning Code, with a motion for recommendation to the City Council.
    B. Other items.
  7. Adjournment.

    1. Roll Call. Roll call was answered by Brion Terry, Steve Kunzler, Jeff Albrecht, Monte Turner, David Mower. Greg Bean was excused.

City Staff Present: Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.

Others present: Mayor David Ogden, Brandon Jensen, Holli Jensen, Stewart Shaver, David Owens, Katie Torgerson, Greg Torgerson.

Mayor David Ogden expressed appreciation to the Commission for the time and effort they put into serving as Planning Commissioners.

2. Minutes Approval. The minutes of October 4, 2017, and October 18, 2017, were reviewed. Jeff Albrecht motioned to approve the minutes of October 4, 2017, and October 28, 2017. Monte Turner seconded the motion. Those voting yea: Brion Terry, Jeff Albrecht, Monte Turner, David Mower, and Steve Kunzler. Those voting nay: None. The motion carried.

3. Public Hearing: (6:05 p.m.) Receive comments regarding a proposed amendment to the Richfield City Land Use Management Code. It is proposed that language be inserted which would allow Bed & Breakfast/VRBO-type businesses to be located in some residential zones, including the R1-10 zone. Items to be discussed include, but are not limited to, parking, signs, noise, number of guests.

Commissioners have received a letter from Michelle Christensen which sets out concerns that she has in changing the Code in allowing these short-term rentals in residential areas. Traffic and signage are concerns. Her major concern is in not knowing who is living next to them from one night to the next.

There were no other public comments. The public hearing closed at 6:06 p.m.

 

4. Home Occupation/Conditional Use Permit:
    A. Mellissa L. Healey to request a Conditional Use Permit for a major home occupation permit allowing her to conduct a business called Purdy-Dirty-Cleaning at 397 West 500 South (R1-8 zone, C-1 use). Ms. Healey was not present.

    B. Consider approving a Conditional Use Permit allowing Brandon Jensen to conduct a business called Jensen Carriage Company (C-1 use). Mr. Jensen and his wife, Holli, are both present. The Jensens live in Venice, but he would be using the carriage company in Richfield. Therefore, he will need a Richfield City Business License and Conditional Use Permit.

Mr. Jensen explained that he would like to provide carriage rides on streets in Richfield City. He does not want to use Main Street, 400 West, 100 East, 300 North, or any main roads. Prom would be an event where this would be used as well as any other special events such as birthday parties or weddings. Currently he only has one horse, but he is working on getting a team.

The horses and carriage are stored at his home in Venice. Occasionally, the horse is at the A&D Jensen property on Airport Road.

Advertising has been by word-of-mouth. He has a Facebook page and would like to also promote the service with ads in the paper and radio.

There will be blinkers and flashing lights for safety. There will be liability insurance on the horse and wagon. The minimal amount of liability insurance is $1,000,000. He is not sure if that includes passengers, but he will check on that. Mr. Jensen cleans up any messes with a bucket and shovel. He will make sure they don’t leave a mess.

Steve Kunzler motioned to approve the Conditional Use Permit allowing Brandon Jensen to operate Jensen Carriage Company to operate in Richfield City providing he demonstrates he has adequate liability insurance, lights for evening, and the areas of use are restricted in high traffic areas. Operator is responsible to take care of any waste. Jeff Albrecht seconded the motion. Those voting yea: Brion Terry, Jeff Albrecht, Monte Turner, David Mower, and Steve Kunzler. Those voting nay: None. The motion carried.

Mr. Jensen said he will have his customers sign a Waiver and a set of rules.

5. Plan Reviews:
    A. Review plans and consider giving final approval for the construction of Steve’s Steakhouse to be located at approximately 1200 South College Avenue (CG zone, P-2 use).
Steve’s Steakhouse was represented by owners Greg and Katie Torgerson and Engineer Jeff Albrecht. They hope to send this out to bid in the next few weeks.

A soil study was provided. They will over-excavate the collapsible soil.

This was reviewed at last month’s meeting. Mr. Albrecht said the biggest issue last month seemed to be the subdivision issues. This project will be located on lots 1 and 2. The plat has been amended combining lots 1 and 2 into one lot, so there will be no issue with utility easements. The amended plat also includes the road dedication for 1200 South and the road that is approximately 1000 West to the north boundary of their property.

The City will be constructing 1200 South Street as part of the stop light project being done on 1300 South. Christensens will complete street improvements on the street that is approximately 1000 West to the centerline plus 10 feet. The building faces east. Staff will park on the west and deliveries will be made on the west.

Mr. Torgerson would like to put in rolled curbs along the streets to make it easier for trucks pulling trailers to get in their easily. He was told that they could have wider driveways, but there need to be defined entrances and exits for safety reasons as far as traffic flow.

They would be required to put in sidewalk along College Avenue. The Torgersons are asking that not be required since it does not tie in with other sidewalks. They also feel like a sidewalk creates safety issues because of the way College Avenue curves. The Commission advises that they could ask the City Council to enter a Waiver of Improvements. The Commission thinks they ought to put in the corner of the sidewalk on 1200 South and College Avenue to preserve the radius. They would also preserve the right-of-way on College Avenue so that a sidewalk could be put in at a future time.

As far as drainage, there will be an open detention pond at the southwest corner and one at the northwest corner. The depth is 3 feet. The water table is not an issue. There should not be any standing water, only if there is a storm event. Mr. Albrecht feels good about there not being a problem with drainage or standing water. He will check and see if there is a storm drain and they will hook into it if there is one.

The geotech report suggested minimizing the water around the building. The landscape will be xeriscape.

They will install a street light at the southwest corner of the property. There will be a considerable amount of lighting for the patio and deck. It will be downcast lighting. The parking lot will also have lighting. The sign on the building won’t be a bright light. It will be metal and night friendly.

David Mower motioned to approve the plans, as reviewed, for the construction of Steve’s Steakhouse to be located at approxmiately 1200 South College Avenue. Monte Turner seconded. Those voting yea: Brion Terry, Monte Turner, David Mower, and Steve Kunzler. Those voting nay: None. Abstaining: Jeff Albrecht. The motion
carried.

 

    B. David Owens was present requesting permission to temporarily operate New Life Recovery, an adult drug and alcohol rehabilitation, at the Night’s Inn at 89 South Main Street (D zone). David Owens and Stewart Shaver were present. At last month’s meeting, they were given approval to conduct this business at the old Topsfield Lodge property. Because they have some remodeling to do at that location, they would like to begin doing their business at the Night’s Inn. Their proposal is to use the eight rooms at the south side of the motel. That would be four rooms on the bottom floor and four rooms on the second floor. There is a breezeway between these rooms and the rest of the motel to the north which would allow them to utilize the parking that is on the east side of the motel.

The plan would be to install a fence going east/west from the far corner of the swimming pool over to the breezeway which would separate these rooms from the rest of the motel. They are considering installing a fence and gate on the street side as well (100 South). The motel would be accessed from Main Street. The gates and fence would be there to divide the substance abuse people from motel guests.

The building on the southwest side of the property will be used for their programs, counseling, and meals. Patients will be moving through the parking area between the rooms and the kitchen area. They will have to redo the kitchen area for a cafeteria.

Their desire is to temporarily conduct the entire program at this location. When they are able to move into the Topsfield property, they will keep this location for overflow patients. There would have to be a staff member at this location to supervise. He does not know if they will use these rooms forever, but he doesn’t want to commit to that because he isn’t sure.

This building is owned by the same person as the Topsfield property. They will be able to have a maximum of 16 people at this location as they can have two people per room.

Lisa White arrived.

Gaylen Matheson explained that if there are more than 15 tenants, then Building Code revisions would apply. Mr. Owens said they will have 15 patients or less so they don’t have to comply with the Building Code requirements.

Mr. Owens said they will cater to local people first, but if they have empty beds and a non0-resident wants to come here, they will take them.

Chairman Terry said he does have a concern with them installing the fence from the swimming pool to the breezeway. That would make it difficult for the ladder fire truck to get in there if it needs to. They do have tools to cut the gate open, but that takes up time in getting to there to fight a fire. Mr. Owens said they could build the fence going north/south parallel to the rooms so that the driveway is not blocked.

Mr. Owens said before they can open, they will need the fire inspection and a state inspection. He will talk with the fire marshal about the fence and whether or not a fence will create a problem for fire safety.

The Commission did not make a motion regarding this because the City cannot deny this use according to State and Federal laws that are in place.

6. Other Business: 

    A. Discuss requirements for Bed & Breakfast and VRBO-type businesses to be located in residential zones. Draft proposed language and changes to the Zoning Code with a motion for recommendation to the City Council.

This item was discussed. Michelle Christensen had sent a letter expressing her concerns about allowing these businesses in residential zones. It is felt that if they are required to be owner-occupied, that will somewhat address her concerns.

The following recommendation will be given to the City Council:

Table of Uses: On the Residential Use Table, Change “Bed and Breakfast” to
“Bed and Breakfast/ShortTerm Rentals”. Allow these in the R1-10, RR-1 and
RR-5 as a C-1 use. Also, make this same change in the Commercial Use Table
and leave it as a P-2 or change to a C-1 use.

Chapter 17, Section 1707: Change “Bed and Breakfast” to “Bed and 

Breakfast/Short Term Rentals”. These shall be owner occupied.

Parking to be off-street. ATV trailers to be parked off-street as well.

No signage allowed.

Have a clear address sign on the home.

A business license is required.

Trailer or accessory garage cannot be used as a guest room (this is already in the Code).

Annual fire inspection required.

 

     B. Other items.

7. Adjournment. The meeting adjourned at 8:30 p.m.

PASSED AND APPROVED on the 6th day of December, 2017.

 /s/  Michelle Curtis

       Deputy City Recorder

Richfield City Corp

75 East Center

435.896.6439